Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Nov 15, 2021 |
signed chap.616 |
Nov 03, 2021 |
delivered to governor |
Jun 03, 2021 |
returned to assembly passed senate 3rd reading cal.1437 substituted for s1279 |
Jun 03, 2021 |
substituted by a5689 |
Jun 02, 2021 |
ordered to third reading cal.1437 committee discharged and committed to rules |
Mar 08, 2021 |
reported and committed to finance |
Jan 08, 2021 |
referred to codes |
Senate Bill S1279
Signed By Governor2021-2022 Legislative Session
Sponsored By
(D) 36th Senate District
Archive: Last Bill Status Via A5689 - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
co-Sponsors
(D) Senate District
(D, WF) Senate District
(D, WF) 25th Senate District
(D, WF) 47th Senate District
2021-S1279 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A5689
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §380.55, CP L
2021-S1279 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1279 SPONSOR: BAILEY TITLE OF BILL: An act to amend the criminal procedure law, in relation to streamlining the assignment of appellate counsel for indigent criminal defendants PURPOSE OF BILL: The purpose of the Act is to provide a defendant with a continued poor person relief when appealing their case. Currently, section 380.55 requires a defendant to apply for poor person relief, regardless of their previous eligible status at trial. Additionally, the proposed bill will also expand this right to any eligible defendant in a criminal action, rather than a trial. SUMMARY OF SPECIFIC PROVISIONS: Section (1) amends CPL 380.55 by replacing the phrase "at trial" with "in a criminal action" to broaden the applicability of section 380.55.
2021-S1279 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1279 2021-2022 Regular Sessions I N S E N A T E January 8, 2021 ___________ Introduced by Sen. BAILEY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to streamlining the assignment of appellate counsel for indigent criminal defendants THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 380.55 of the criminal procedure law, as added by chapter 459 of the laws of 2016, is amended to read as follows: § 380.55 Application for poor person relief on appeal. 1. Where counsel has been assigned to represent a defendant [at trial] IN A CRIMINAL ACTION on the ground that the defendant is financially unable to retain counsel, the court may in its discretion at the time of sentencing entertain an application to grant the defendant poor person relief on appeal. As part of an application for such relief, assigned counsel must represent that the defendant continues to be eligible for assignment of counsel and that granting the application will expedite the appeal. If the court grants the application, it shall file a written order and shall provide a copy of the order to the appropriate appellate court. The denial of an application shall not preclude the defendant from making a de novo application for poor person relief to the appro- priate appellate court. 2. WHERE COUNSEL HAS BEEN ASSIGNED TO REPRESENT A DEFENDANT IN A CRIM- INAL ACTION ON THE GROUND THAT THE DEFENDANT IS FINANCIALLY UNABLE TO RETAIN COUNSEL, THE APPELLATE COURT SHALL PRESUME THE DEFENDANT ELIGIBLE FOR ASSIGNMENT OF COUNSEL ON APPEAL WITHOUT FURTHER PROOF OF ELIGIBIL- ITY, AND, THEREBY, ISSUE AN ORDER ASSIGNING SUCH COUNSEL, IF COUNSEL PROVIDES A SWORN REPRESENTATION THAT THE DEFENDANT CONTINUES TO BE ELIGIBLE FOR ASSIGNMENT OF COUNSEL. § 2. This act shall take effect on the sixtieth day after it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02759-01-1
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